BETA

Activities of Eva LICHTENBERGER related to 2011/2089(INI)

Shadow reports (1)

REPORT on ‘Towards a Coherent European Approach to Collective Redress’ PDF (280 KB) DOC (175 KB)
2016/11/22
Committee: JURI
Dossiers: 2011/2089(INI)
Documents: PDF(280 KB) DOC(175 KB)

Legal basis opinions (0)

Amendments (12)

Amendment 1 #
Motion for a resolution
Citation 2 a (new)
- having regard to Directive 2009/22/EC on injunctions for the protection of consumers' interests'2,
2011/09/22
Committee: JURI
Amendment 2 #
Motion for a resolution
Citation 5 a (new)
- having regard to its resolution of 20 January 2011 on the 2009 Report on Competition Policy,
2011/09/22
Committee: JURI
Amendment 3 #
Motion for a resolution
Citation 6 a (new)
2 OJ L 110, 1.5.2009, p.30.- having regard to the 2010 Monti report on a new strategy for the single market, Or. en
2011/09/22
Committee: JURI
Amendment 11 #
Motion for a resolution
Paragraph 3
3. Welcomes the efforts of Member States to strengthen the rights of victims of unlawful behaviour by introducing legislation aimed at facilitating redress while avoiding an abusive litigation culture; stressewelcomes the Commission's work towards a coherent European approach to collective redress and calls in this context thaton the Commission has still not put forward convincing evidence that, pursuant to the principle of subsidiarity, action is needed at EU level in order to ensure that victims of unlawful behaviour are compensated for damage or lossto come forward with sector-specific initiatives as in the fields of competition and consumer protection, where a specific need has been identified, as well as with a framework including minimum standards for an EU - consistent system;
2011/09/22
Committee: JURI
Amendment 15 #
Motion for a resolution
Paragraph 4
4. Reiterates that the Commission has still not indicated what legal basis it considers appropriate for any measures in the field of collective redress;deleted
2011/09/22
Committee: JURI
Amendment 17 #
Motion for a resolution
Paragraph 5
5. Notes that enforcement mechanisms already exist at EU level and believes that, in particular, Regulation No 861/2007 establishing a European Small Claims Procedure provides efficient and effective access to justice by simplifying cross- border litigation involving claims for a sum of less than EUR 2 000;deleted
2011/09/22
Committee: JURI
Amendment 21 #
Motion for a resolution
Paragraph 6 a (new)
4 OJ L 364, 9.12.2004, p. 1 5 OJ L 110, 1.5.2009, p. 306a.Takes the view that the necessity to improve injunctive relief remedies is particularly great in the environmental sector; calls on the Commission to explore ways of enlarging Directive 2009/22 to the environmental sector and submit appropriate proposals within the next eighteen months; Or. en
2011/09/22
Committee: JURI
Amendment 24 #
Motion for a resolution
Paragraph 8
8. Takes the view that disputes frequently cover different industry sectors and different areas of law and that victims of unlawful behaviour face the same difficulties in obtaining redress in different sectors, and is concerned that any EU initiatives in the field of collective redress will result in a fragmentation of national procedural and damages laws which will weaken and not strengthen access to justice within the EU; in the event that it is decided after due consideration that a Union scheme of collective redress is needed and desirable, asks that any proposal in the field of collective redress should take the form of a horizontal instrument providing uniform access to justice within the EUBelieves that any proposal in the field of collective redress that would take the form of a horizontal instrument should include minimum standards for an EU-consistent system and should not preclude the adoption of sector-specific initiatives in sectors where a specific need has been identified;
2011/09/22
Committee: JURI
Amendment 32 #
Motion for a resolution
Paragraph 9
9. Stresses that any horizontal instrument must cover all aspects of obtaining damages collectively; further stresses that, in particular, procedural and international private-law issues must apply to collective actions in general irrespective of the sector concerned, whereas limited sectoral rules, dealing with matters such as the potential binding effect of decisions adopted by national competition authorities in the field of EU antitrust law, should be laid down, for instance, in a separate chapter of the horizontal instrument itself;deleted
2011/09/22
Committee: JURI
Amendment 37 #
Motion for a resolution
Paragraph 10
10. Believes that the individual damage or loss suffered plays a pivotal role when deciding to file an action, and takes the view that in line with Regulation No 861/2007 on a European Small Claims Procedure, collective redress under a horizontal instrument could be available where the value of each individual claim does not exceed EUR 2 000;deleted
2011/09/22
Committee: JURI
Amendment 42 #
Motion for a resolution
Paragraph 11
11. Considers that collective action under a horizontal instrument should be permissible where the defendant and victims represented are not domiciled in the same Member State (cross-border dimension) andor where the rights alleged to have been infringed are granted by EU legislation (infringement of EU law);
2011/09/22
Committee: JURI
Amendment 62 #
Motion for a resolution
Paragraph 14
14. Considers that this legislation should be identified so as to allow the horizontal instrument to provide for collective compensatory redress for breach of this legislation, as well as for breach of EU antitrust law; calls for the relevant EU legislation to be listed in an annex to the horizontal instrument;deleted
2011/09/22
Committee: JURI